Back To The PFuture: Required Reporting Of Historical PFAS Use Poses Risks Going Forward

Highlights:

The U.S. Environmental Protection Agency (EPA) recently established a one-time per- and polyfluoroalkyl substances (PFAS) reporting rule pursuant to the federal Toxic Substances Control Act (TSCA). Most companies that manufactured or imported certain PFAS chemicals or PFAS-containing "articles" from 2011 through 2022 (even if only once) must submit detailed information about those PFAS subject to the rule, compound by compound, to EPA by May 8, 2025. Virtually every domestic manufacturer and importer of consumer or industrial materials is now subject to this new reporting requirement. The scope and definitions of key terms in the rule (e.g. manufacture) are nuanced and compliance obligations should be evaluated carefully. The below provides a high-level summary of Shipman's strategic approach for manufacturers/importers to comply with this new, significant rule and implications going forward. Further details on each step are provided on the following